Selective enforcement which isn't based on some other precedent or rule of interpretation is arbitrary, and calling a law arbitrary is a contradiction in terms. There are some laws in the U.S. constitution which are axioms, like the ninth amendment. The ninth amendment is derived from Thomas Jefferson's statement about holding certain truths to be self-evident. What's self-evident is all men are created with certain natural rights, and the ninth amendment is a source of natural rights. They're rights which existed before the constitution and continue to exist after the ratification of the constitution.
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Date: 10/2/10 01:45 (UTC)